Singapore legislation
Section 131A
Section 131A
Service of summonses and other documents
(1)
Every summons issued for an offence under this Act or the rules, and every notice, order or other document required or authorised to be given or served under this Act or the rules may be served on any person —
by delivering it to the person or to some adult member or employee of his or her family at his or her usual or last known place of residence or any address furnished by the person;
by leaving it at the usual or last known place of residence or place of business of the person in a cover addressed to the person or any address furnished by the person;
by sending it by normal post or registered post in a prepaid letter addressed to the person at the person’s usual or last known place of residence or business or any address furnished by the person; or
in the case of a notice to be served on a person whose usual or last known place of residence or business cannot, with reasonable diligence, be ascertained, by publication of the notice in the Gazette.
(1A)
In addition, a notice, order or document (other than a summons) required or authorised to be given or served under this Act or any subsidiary legislation made under this Act on an individual, a partnership, a body corporate or an unincorporated association may be given or served —
by sending it by email to the email address of the individual, partnership, body corporate or unincorporated association, as the case may be;
by sending it by fax to whichever of the following is applicable:
the fax number last known to the Authority as the fax number for the service of notices, orders or documents on the individual;
the fax number used at the partnership’s business address;
the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the notice, order or document is available and how the addressee may use the addressee’s chosen means of access to access the contents of that notice, order or document; or
by any other method authorised by the rules for the service of notices, orders or documents of that kind if the recipient consents (expressly or impliedly) to service of a notice, order or document of that kind in that way.
(2)
Where any summons, notice, order or document is served on any person by registered post, it is deemed to have been served within the time as it would take to arrive in the ordinary course of transmission and in proving service of the same it is sufficient to prove that the envelope containing the summons, notice, order or document was properly addressed, stamped and posted by registered post.
(2A)
Service of a notice, order or document under subsection (1A)(a) or (b) takes effect —
if the notice, order or document is sent by email, at the time that the email becomes capable of being retrieved by the person; or
if the notice, order or document is sent by fax and a notification of successful transmission is received, on the day of transmission.
(2B)
However, service of any notice, order or document under this Act or any subsidiary legislation made under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.
(3)
All notices, orders and other documents which the Registrar is empowered to give by this Act or the rules may be given by any officer duly authorised by the Registrar.
(4)
Subsection (1) does not apply to any summons in connection with any offence punishable with imprisonment and the summons must be served in the manner prescribed by the Criminal Procedure Code 2010 for the service of summonses under that Code.
(5)
In this section —
Definition
“business address” or “place of business” means —
in the case of an individual, the individual’s usual or last known place of business in Singapore; or
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
Definition
“chosen means of access”, for an addressee on whom is or is to be served a notice, order or document required or authorised to be given or served under this Act or any subsidiary legislation made under this Act, means an electronic means the addressee agrees with the person giving or serving the notice, order or document as the means by which the addressee may access the contents of that notice, order or document;
Definition
“chosen means of notification”, for an addressee on whom is or is to be given or served a notice, order or document required or authorised to be given or served under this Act or any subsidiary legislation made under this Act, means an electronic means that the addressee nominates to the person giving or serving the notice, order or document as the means by which the addressee may be notified that such a notice, order or document has been given or served on the addressee;
Definition
“email address” means the last email address given by the addressee concerned to the person giving or serving a notice, order or document as the email address for the service of notices, orders or documents under this Act or any subsidiary legislation made under this Act.